Rex v Kisang (Criminal Appeal No. 148 of 1946)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal held that where there is no statutory provision invalidating a plea of guilty to murder, it is not improper for a judge to accept such a plea and convict thereon in appropriate circumstances. The accused, represented by counsel, understood the charge and consequences of his plea. His stated belief that the deceased had bewitched him did not constitute a defence to murder, though it remained relevant for executive consideration.
Outcome
Conviction for murder upheld
Facts
The accused was charged with the murder of Talaa w/o Kisang arap Kipsinat. Upon arraignment, he stated that he killed her because he believed she had bewitched him and his family, causing him illness and misery. He expressly stated he understood his words constituted a plea of guilty to murder and that witnesses would not be called. He was represented by counsel at trial. One witness before the magistrate had stated that the deceased was reputed to be a bad witch. The Supreme Court of Kenya convicted him of murder on his own plea. He appealed against conviction.
Issues
- Whether a court may properly accept a plea of guilty to a charge of murder and convict on that plea alone.
Orders
- Appeal dismissed.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.